Terms & Conditions

  1. Agreement
  2. Interpretation
  3. Site Use
  4. Secure Access
  5. Legal Capacity to transact
  6. Pricing
  7. Product Specifications
  8. Orders
  9. Order Cancellation
  10. Payment
  11. Delivery and Ownership of Goods
  12. Faulty or Damaged Goods
  13. Refunds and Returns
  14. Intellectual Property
  15. Submissions and Designs
  16. Indemnity
  17. Liability
  18. Privacy
  19. Gift Vouchers
  20. Force Majeure
  21. General
  22. Website Contact

1. Agreement

1.1. This section contains the Terms of Use (“Terms”) that apply to the entire website under the top level domain name of evolvex.com (“Website”) and to any contracts entered into with Luxmy Furniture Pty Ltd. (ABN: 27 080 367 282) (“Luxmy Furniture”).

1.2. We suggest that you carefully read the terms and conditions that are detailed below as this forms the basis of the sale agreement between you and Luxmy Furniture when you purchase goods from our website. If you proceed with your purchase you are acknowledging that you have read these terms and conditions. By browsing the Website, you also agree to these Terms and Conditions as set out below. If you do not agree with any of these Terms, please do not use the Website.

1.3 If you breach any of the Terms, you are prohibited to continue using the Website. If you do not agree with any part of these Terms you should leave this Website now.

1.4 Luxmy Furniture reserves the right to add to, delete or change these Terms periodically and without notice with revisions posted to this page. By continuing to use the Website, you agree to be bound by these revisions. We are not obliged to notify you of any changes but will endeavour to alert you to any significant changes.

1.5 Luxmy Furniture updates this website regularly; however Luxmy Furniture makes no representation as to the accuracy or completeness of any information or services of the website. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.

1.6 Any transactions on this website and all legal aspects associated with this site will fall under jurisdiction of the laws of New South Wales, Australia.

1.7 In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

2. Interpretation

2.1. In these Terms and Conditions:

  • "You" and "Your" means you the customer. 
  • “Agreement” means these terms and conditions, including all the terms of any order placed by you the User through the Website (if applicable).
  • “Customer” means the person or legal entity identified in a Luxmy Furniture quote, invoice or sales document.
  • “Delivery Cost” means the costs associated with delivery as specified in an Order.
  • “Goods” means the Products listed in an Order.
  • “Intellectual Property” means all rights in patent, copyright, trade names, trademarks, logos, designs, images (including still images, and audio and audio-visual media).
  • “Luxmy Furniture” means Luxmy Furniture Pty Ltd(ABN: 27 080 367 282)
  • “Evolvex by Luxmy” means Luxmy Furniture Pty Ltd (ABN: 27 080 367 282)
  • “Material” means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website.
  • “Pre-sale” means items that are sold in anticipation of being in stock on or near to the dispatch date stated in the Product listing on the Website.
  • “Products” means any items listed on the Website (for sale or otherwise), including extended warranties.
  • “Website” means the internet sites located at the URLs www.evolvex.com , www.evolvex.com.au, www.evolvex.co.nz and all other associated URLS operated by Luxmy Furniture.

2.2. Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supercedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

3. Site Use

3.1. The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. Luxmy Furniture will not be responsible for the content or privacy practices associated with linked web sites.

3.2. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you. You also agree not to post or transmit to the Website any material which:

  1. is threatening, defamatory, obscene, offensive, indecent, pornographic, abusive, discriminatory, liable to incite hatred, is in breach of confidence, or privacy, or is proprietary or
  2. is not properly licensed for use on this Website,
  3. violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person,
  4. constitutes or encourages an illegal act - including criminal or civil liability, or acts which are otherwise prohibited by the law of any relevant country in the world,
  5. infringes on the rights of a third party in any country in the world, or
  6. has the potential to cause technical damage to the Website, or the equipment of other users of the Website (including, without limitation, viruses, trojans, worms, corrupted data or other malicious data or code).

3.3 You agree to not attempt to "hack" the Website or any other websites you do not own. This includes without limitation, trying to guess users passwords, "phishing", accessing "hidden" URLs, attempting to trigger remote code for the purpose of accessing data or material you would not otherwise have access to.

3.4 You may not reverse engineer, decompile, or disassemble the Furniture Designer (“EvolveXdesigner”), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

3.5 You agree that Luxmy Furniture owes no royalty or licence fee to you or any third party for use of material which is posted or transmitted to the Website. This includes but is not limited to images of products designed by you using the EvolveXdesigner, photographs submitted by you to the Evolvex by Luxmy blog and social medial; and photographs of furniture custom made for and sold to you. Luxmy Furniture is free to copy, distribute or incorporate such material into the Website for commerical or non-commerical purposes.

3.6. You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. Luxmy Furniture takes no responsibility for any such damage which may arise in connection with your use of the Website.

3.7 This Site may be accessed from countries other than Australia. This Site may contain products or references to products that are not available outside of Australia. Any such references do not imply that such products will be made available outside Australia. If you access and use this Site outside Australia you are responsible for complying with your local laws and regulations.

4. Secure Access

4.1 Luxmy Furniture may assign you a password and account identification to enable you to access and use certain portions of the Website. Each time you use a password or identification, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms.

4.2 Luxmy Furniture has no obligation to investigate the authorisation or source of any such access or use of the Website. You are solely responsible for all access to and use of the Website by anyone using the password and identification originally assigned to you whether or not such access to and use of the Website is actually authorised by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such use of access.

4.3 You are solely responsible for protecting the security and confidentiality of the password and identification information assigned to you. You will immediately notify Luxmy Furniture of any unauthorised use of your password or identification or any other breach or threatened breach of this Website's security.

5. Legal Capacity to Transact

5.1 By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years. Any orders placed and accepted by us will be deemed to be by persons over the age of eighteen (18) years.

5.2 Should Luxmy Furniture suffer any damage or other losses as a result of a transaction entered into by a minor, Luxmy Furniture reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with Luxmy Furniture.

5.3 Luxmy Furniture may refuse to deliver the goods if the person receiving the goods is unable or unwilling to provide evidence of proof of age.

6. Pricing

6.1. All prices listed on the Website are specified in Australian dollars.

6.2. All prices listed on the Website include GST unless otherwise specified.

6.3. All prices displayed on the Luxmy Furniture website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.

6.4. If a Discount Code is entered at the checkout, it has the effect of applying a discount equally across the entire Order, including both Goods and associated Delivery Cost.

6.5. You agree to pay delivery charges as they are listed in the Order confirmation at the time of purchase.

7. Product Specifications

7.1. Features and specifications of Products described or depicted on the Website are subject to discontinue or change without notice.

7.2 When designing your Evolvex by Luxmy Furniture item(s), the images displayed are a representation only. The actual item that is custom made for you may differ to the represented images. It is essential that you use the actual written description of each product when deciding to purchase a product from Luxmy Furniture.

7.3 We have done our best to display as accurately as possible the colours, shapes and thicknesses of the materials shown on the Website. As the colours you see will depend greatly on your monitor, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

7.4 Your ability to return your items is subject to the return policy.

8. Orders

8.1 You may place your order by filling in the order form on this website. Your Order will be submitted by completing payment details and clicking the ‘confirm’ button. If you wish to save your information for future reference you will need to create an account.

8.2 Orders will be deemed to have been received by Luxmy Furniture at the time Luxmy Furniture sends an Order confirmation to your nominated e-mail address. By placing an order, you make an offer to us to purchase the products you have selected based on these Terms and Conditions. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we cannot process or accept your order after payment is received we will contact you by email or telephone.

8.3 Information contained on the Website constitutes an invitation to treat. No information on the Website constitutes or should be deemed as an offer by us to supply products.

8.4 Evolvex by Luxmy is an online business and will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.

8.5 Each Order (once confirmed) represents a separate agreement.

8.6 Luxmy Furniture reserves the right to at any time alter the specification in respect of the Goods without giving notice to the Customer, in the interest of continual improvement. An alternation does not entitle the Customer to return Products, cancel an Order or otherwise avoid its obligations and liabilities pursuant to these Terms and Conditions.

8.7 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Luxmy Furniture reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by Luxmy Furniture upon shipment of products. Title to goods and all risk of loss passes to you upon delivery to the common carrier. 

8.8 Luxmy Furniture accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.

8.9 Any customs or duties are the responsibility of the customer. To review a list of customs and duties that may be payable in your country visit our support page.

8.10 Please note that in addition to any fees listed above, some customs offices will charge a handling fee to process the paperwork for clearing customs. Luxmy Furniture is not responsible for bearing the costs of customs or duties imposed.

9. Order Cancellation Policy

9.1. Luxmy Furniture reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.

9.2. Luxmy Furniture reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

9.3. In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.

9.4 All order cancellations MUST be emailed or sent in writing. Your order is considered current unless cancelled in writing (via email) by you. Orders cannot be cancelled after they have been shipped.

9.5 Fees apply to cancel orders. This will apply to the transaction value including GST. General orders will incur a 20% cancellation fee if cancelled more than 7 days after order was confirmed. Special make orders incur a 100% cancellation fee. Orders cannot be cancelled once they have been shipped.

10. Payment

10.1. You may provide your nominated credit card during the purchase process described on the Website.

10.2 We accept payment via Paypal, Visa and MasterCard only. Luxmy Furniture, through the Nab transact payment gateway employs the Secure Sockets Layer (SSL) technology to protect transactions with our customers. No credit card information is stored by this site. All credit card information is processed by National Australia Bank (“Nab”) and therefore complies with their strict privacy and security policies.

10.3 We are unable to accept COD charges. Payment must be cleared before the goods are dispatched We process credit card and PayPal payments immediately after you click the "Submit My Order" button. For credit card and PayPal payments we will email a tax invoice to you with your order confirmation. Your tax invoice is your proof of purchase.

10.4 If your PayPal payment is funded by an echeque this may substantially delay processing your order while payment

10.5 Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.

10.6 If your nominated payment method triggers Luxmy Furniture internal suspect transaction protocols, Luxmy Furniture may contact you to confirm additional details, or rescind the transaction.

10.7 If you decide to purchase a product from the Website, you agree to promptly pay the associated fee. You acknowledge that if you trigger a "chargeback" through your credit card provider we reserve the right to no longer conduct business with you.

10.8 Luxmy Furniture, will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner as a result of using this website.

10.9 Orders placed on a weekend or a public holiday will not begin payment processing until the next business day. Business days are Monday through Friday, excluding national and state public holidays.

11. Delivery and ownership of the goods

11.1 When your order items have been dispatched, we will email you to confirm shipment of each item including a tracking number for each item (if applicable).

11.2 Subject to these Terms, we will supply to you the Products indicated on your order confirmation.

11.3 If Luxmy Furniture supplies you with an incorrect product, we will supply you with the correct product once the incorrect product has been returned to us. In the event of a wrong product being supplied, you must contact us within 48 hours of receiving your goods. The freight cost incurred will be paid by Luxmy Furniture.

11.4 Shipping costs are influenced by the size, weight and dimensions of the product and the sending location. Exact shipping and handling costs are calculated in the shopping cart and will be added to the order total before checkout. Shipping times are estimated at between 3-10 working days once dispatched depending on your location within Australia, and 10-15 working days internationally.

11.5 We will endeavour to send out orders within 10-15 working days, however due to circumstances out of our control this may not occur. You will be contacted within a reasonable amount of time if a product is out of stock.

11.6 Due to the size of the items we only deliver to physical addresses, not PO boxes.

11.7 Luxmy Furniture tries to ensure that all goods are delivered in a prompt and timely manner. However, from time to time it is possible that shipping and other factors outside our control may result in delays. Luxmy Furniture does not accept any liability for loss or damage suffered by anyone as a result of any such delays.

11.8 The date of dispatch listed on the website is the estimated date of dispatch as is reasonably estimated by Luxmy Furniture and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than 2 weeks, customers will be notified by e-mail at the e-mail address nominated in their Order.

11.9 Items purchased from Luxmy Furniture are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon pick up by the courier.

11.10 Where a customer gives written authority for an item to be delivered without a signature, any and all included insurance cover will be voided.

11.11 Luxmy Furniture’ nominated courier will deliver Goods during business hours (9am to 5pm, Monday to Friday)

11.12 Luxmy Furniture is not responsible for the delivery times of Goods. Once Goods have been dispatched, it is the customer’s responsibility to liaise with Luxmy Furniture’s nominated courier company in relation to date of delivery and to make themselves available to take delivery during business hours. Any information provided by Luxmy Furniture to a customer in relation to delivery will be from a third party, and as such Luxmy Furniture will not guarantee the accuracy of such information.

11.13 If there is no-one at the delivery address or no-one of appropriate age to receive the order, Luxmy Furniture may charge you additional delivery fees. Once the goods are delivered to you, you will own them and it is your responsibility if they are lost or damaged.

12. Faulty or damaged goods

12.1. Luxmy Furniture will replace damaged or faulty Goods in accordance with these Terms and Conditions

12.2. Where a Good is faulty within the first 14 days after delivery or is already damaged on delivery, and the customer notifies Luxmy Furniture of that fault within the first 14 days after delivery and posts the item back to us in the condition it was received, then Luxmy Furniture will:

(a) Replace the faulty Good or part the good with a new replacement; or

(b) If Luxmy Furniture is unable to provide a new replacement, Luxmy Furniture will refund the customer 100% of the purchase price and the Delivery Costs.

12.3 Where a replacement Good is available, and the Customer elects to receive a refund instead of a replacement Good, the refund will be for the amount of the purchase price excluding the Delivery Cost.

12.4 The 14 Day period will commence on the date that the Customer accepts delivery of their Luxmy Furniture Product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.

12.5 Where Goods are already Faulty or Damaged Goods upon delivery, Luxmy Furniture requires photographic evidence of the damage to be e-mailed to contactus@evolvex.com

12.6 Luxmy Furniture reserves sole discretion to determine whether the Goods are Faulty or Damaged Goods in accordance with this clause 12. Luxmy Furniture reserves the right to have a Good assessed by an authorised repair centre of Luxmy Furniture’s choice.

12.7 Luxmy Furniture may seek reimbursement of any costs incurred when the Product is found to be in good working order.

12.8 Luxmy Furniture reserves the right to assess the condition of returned goods prior to offering a repair, exchange or refund. This may result in the product being sent away for assessment and a repair, exchange or refund being refused.

12.9 Freight costs for returned products for repair will be the customer’s responsibility to and from Luxmy Furniture. Your product will be assessed upon arrival. If deemed a manufacturer fault, postage will be refunded and the product will be repaired or replaced. If the returned product is not deemed a manufacturer fault, all costs involved will be incurred by the customer, including return postage.

13. Refunds and Returns

13.1 If for any reason you wish to return the product to us, you can do so within 90 days of receiving your order, provided the product is unused, in its original packaging and with the original receipt. You need to inform us in writing via email (contactus@evolvex.com) and by phone as soon as possible so we can process the return.

13. 2 Refunds or exchanges cannot be given for special order items.

13.3 Under no circumstances will a refund be given if the products received are used, incomplete, soiled, damaged or without the original packaging. These items will be returned to the customer with the customer liable for any return shipping costs.

13.4 Once goods have been received by Luxmy Furniture a refund will be issued. Postage and handling charges of returned products are not refundable unless a product is deemed faulty.

13.5 In order to facilitate a return under these Terms and Conditions, e-mail contactus@evolvex.com

13.6 The customer must comply with directions from Luxmy Furniture staff to facilitate a return.

13.7 Returned Goods must be returned in their original packaging with all accessories, and must be in a re-saleable condition.

13.8 It is the customer’s responsibility to ensure that returned items are returned safely. Luxmy Furniture takes no responsibility for items lost in transit.

13.9 Products offered on sale are not returnable unless faulty. This type of sale is considered final. All refunds are made the same way as the original payment method was made.

14. Intellectual Property

14.1 All Intellectual Property in any Material on the Website is the property of Luxmy Furniture. Unless You must comply with all proprietary and copyright notices on this Website. The information on this Website is protected under Australian copyright laws. Subject to provisions of the Copyright Act 1968 (Australia), you must not in any form or by any means:

(a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on this Site; 

(b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from this Site which can be accessed through this Site; or

(c) use or apply, for commercial purposes any material or information on this Site, without the prior written consent of Luxmy Furniture.

14. 2 Any software that you download from this Website is governed exclusively by the license terms accompanying the file or the terms of the license agreement which accompanied the original product licensed by you which you are updating, and by downloading such software you agree to abide the terms of the license. You must not reproduce or redistribute any software otherwise than in accordance with the relevant software license.

14.3 All trademarks, logos, brands and names appearing on this Site are the property of their respective owners.

14.4 Nothing contained on this Site should be construed as granting any license or right of use of any trademark or part of any trademark displayed on the Site without the express written permission of Luxmy Furniture.

15. Submissions and Designs

15.1 Except as otherwise provided elsewhere in these Terms or on the Website, anything that you submit or post to the Website, Social media, and/or provide Luxmy Furniture, including but not limited to, designs, photographs, ideas, advice, know-how, techniques, questions, reviews, comments, messages or other communications (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and Luxmy Furniture shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.

15.2 All Submissions shall automatically become the sole and exclusive property of Luxmy Furniture. You also grant Luxmy Furniture the right to publicly use the name that you include with any Submission when we refer to that Submission.

15.3 You represent and warrant that you own or otherwise control all of the rights to any Submissions you make on the Website and that your use of your Submissions by Luxmy Furniture will not infringe upon or violate the rights of any third party.

15.4 You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead Luxmy Furniture or third parties as to the origin of any Submissions or Content.

15.5 Luxmy Furniture may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

16. Indemnity

16.1. You waive, release, discharge and relinquish any and all claims that you have now or may have against Luxmy Furniture which are connected with, arise out of, relate to or are incidental to the use of the Website.

16.2. You agree to indemnify and to keep indemnified Luxmy Furniture and hold harmless from and against any and all claims, loss, damage, taxes, liability and/or expense that may be incurred by Luxmy Furniture arising out of or in connection with the your use of the Website and the use of any Luxmy Furniture Products outside the manufacturer’s specifications (as specified in Product manuals and as notified to you from time to time).

16.3 While we do encourage further modification and customization of products after purchase, you waive, release, discharge and relinquish any and all claims that you have now or may have against Luxmy Furniture which are connected with, arise out of, relate products purchased from Luxmy Furniture that are modified in any manner from the condition they were supplied.

17. Liability

17.1. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Luxmy Furniture (in negligence or otherwise) is limited (at the option of Luxmy Furniture) to the resupply of Goods, or the cost of having the Goods supplied again. You agree that Luxmy Furniture shall not be held liable for any indirect or consequential loss.

17.2. To the extent permitted by law, all conditions or warranties expressed or implied by law are excluded and the liability of Luxmy Furniture (in negligence or otherwise) is limited (at the option of Luxmy Furniture) to these Terms and Conditions and those listed in related Luxmy Furniture warranties.

17.3 The entire risk arising out of the use of the site, the use of any products offered on or in connection with the site remains with you. In no event shall Luxmy Furniture or its directors or employees be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever arising out of this terms of use, the use of or inability to use any products, with the delay or inability to use the Luxmy Furniture site or related services or the provision of or failure to provide products or services. Not with standing anything else in this terms of use or posted on the site, the maximum liability that Luxmy Furniture shall have is limited to any amounts actually paid to Luxmy Furniture by the end user.

17.4 Order information such as billing or shipping address that is inaccurate or incomplete may result in delays that shall not be the responsibility of Luxmy Furniture.

18. Privacy Policy

18.1. At Luxmy Furniture, we value our relationship with you and the other users of this website. We recognize that you may be concerned about our collection, use, and disclosure of your personally identifiable information that we may collect when you use the Web Site. Accordingly, we have implemented this Privacy Policy to inform you of the information that we collect from you, how we collect this information, and what we do with it after we collect it. If you have any questions or comments regarding this Privacy Policy, please contact us at contactus@evolvex.com.

18.2. We gather personal information about our Customers for the purposes of:

(a) Supplying, delivering or marketing our Products to you;

(b) Carrying out repair work (both in and out of warranty repairs);

(c) Improving and developing our Products; and

(d) Expanding our business.

18.3. At Luxmy Furniture, your personal information is treated with the greatest of care. Sensitive payment information such as credit card details are not stored on the Internet with our system. Once you type your information, it is sent instantly, encrypted, direct to our order processing system. We employ the latest encryption technology in all areas of the site which require you to provide payment information.

18.4. This is done to protect you from unauthorized use of the information you are sending to our server. This website is registered with site identification authorities to enable your browser to confirm our security identity before any transmission is sent. With this technology, the identity of this site is automatically confirmed behind the scenes prior to the transmission of any sensitive information requested to complete an online order. This also ensures that your data reaches your intended target or your browser notifies you that the potential receiving site looks suspicious and should be avoided.  Physical, electronic and managerial procedures have been employed to safeguard the security and integrity of personal information. The Luxmy Furniture website encrypts sensitive information wherever Luxmy Furniture requests it.

18.5. You will be included in our email newsletter mailing list if you subscribe to our newsletter or if you make a purchase from us or have requested that we notify you of our products. Our newsletters may include special offers, competitions, new product arrival alerts and other communication related to our services or the products we offer. All of our newsletters we send contain a link to unsubscribe. This will always be clear and easy to locate. You may unsubscribe from any mailing list whenever you wish and you will be immediately removed as per your request. 

18.6. Luxmy Furniture is committed to protecting your privacy and personal information because of our legal and ethical commitment to comply with relevant law and more importantly, because we know that you care how information about you may be used and shared.

18.7. Luxmy Furniture will not sell, rent, share, or otherwise disclose personally identifiable information in violation of the commitments set forth in this clause 14.

18.8. The aforementioned information may be held in electronic records in data storage systems and hard copy which permit lawful access only by those company officers, employees and contractors who need access to perform their functions.

18.9. We may, from time-to-time, employ other companies and individuals to perform functions on our behalf. For example we may retain a third party repairer to provide repair services. In these circumstances we may disclose personal information to such companies and individuals to enable them to deliver services on our behalf.

18.10. You are able to request access to your personal information, in accordance with the National Privacy Principles in the Privacy Act 1988. If you wish to access your personal information please contact us by e-mail at contactus@evolvex.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it. A $30 administration fee will be charged for the retrieval of any personal information.

19. Gift Vouchers

19.1. Gift Vouchers have a validity of 12 months from the date of purchase. Gift Vouchers must be used prior to the expiry date.

19.2 Delivery for a Gift Voucher is between 1-5 working days. You will receive an electronic copy via email.

19.3 Gift Vouchers must be used in one transaction ONLY, they cannot be split. Change will not be given should the purchase amount be less than the value of the Gift Voucher.

19.4 A freight charge will be applied on the products purchased when redeeming the Gift Voucher, if the value of the voucher cannot cover this cost.

19.5 Please treat Gift Vouchers as cash. We do not replace lost or stolen Gift Vouchers and once it is used it will immediately expire.

19.6 Promotional discounts / Codes cannot be used when purchasing a Gift Voucher.

20. Force Majeure

20.1 Luxmy Furniture shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of Luxmy Furniture, and Luxmy Furniture shall be entitled to a reasonable extension of time for the performance of such obligations.

21. General

21.1. Luxmy Furniture reserves the right to make changes to these Luxmy Furniture Website and Order Terms and Conditions without notice.

21.2. Any provision of this Agreement which is void or unenforceable may be severed from this Agreement without affecting the enforceability of other provisions.

21.3. A failure or delay by Luxmy Furniture to exercise a power or right under this Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by Luxmy Furniture does not preclude its future ability to exercise that or any other power or right.

21.4. This agreement is governed by and must be construed according to the law of the State of New South Wales, Australia and any dispute arising out of your use of the Website, or the products purchased on it shall be subject to the exclusive jurisdiction of the courts of that jurisdiction. If a provision of these Terms is or becomes illegal, invalid or unenforceable that shall not affect the validity or enforceability of any other provision.

21.5 You shall not assign any rights and obligations under these Terms whether in whole or in part without the prior written consent of Luxmy Furniture. Any unauthorised assignment shall be deemed null and void.

21.6 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provisions in question shall not be affected.

21.7 Under the Australian Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in Luxmy Furniture for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of Luxmy Furniture, to the replacement of the product(s) or the re-supply of the same product(s); the payment of the cost of replacing the product(s) or of acquiring equivalent product(s).

21.8 Neither our failure nor your failure to enforce any part of these Terms constitutes a waiver of such Terms. Such failure will in no way affect the right to later enforce a part of these Terms.

21.9 Luxmy Furniture reserves the right to change the Terms at any time.

21.10 No Luxmy Furniture employee or agent has the authority to vary any of the Terms.

22. Web Site Contact

The Evolvex By Luxmy Customer Service operates from Monday to Friday 9am-5pm
Note: Closed on National & New South Wales Public Holidays.

Please note when Public Holidays occur orders will take a little longer to process.

Trading Name : Luxmy Furniture PTY LTD 
ABN : 27 080 367 282
Trading address (not opened to the public): Luxmy Furniture, E2, 11-15 Moxon Road, Punchbowl, NSW, 2196 
Ph: 1800 914 454

Email: contactus@evolvex.com

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